[excerpt]

Proposal for a Council Directive on the status of third country nationals who are long term residents

COM 2001/127

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Article 5Duration of residence1. Member States shall grant long-term resident status to third-country nationals who have resided legally and continuously for five years in the territory of the Member State concerned.

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Article 10Withdrawal of status1. Member States shall withdraw long-term resident status in the following cases:(a) absence from the territory for a period of two consecutive years. Member States may provide for derogations in the event of absence related to the discharge of military obligations, detachment for employment purposes, studies or research, serious illness, pregnancy or maternity;(b) detection of fraudulent acquisition of long-term resident status;(c) acquisition of long-term resident status in another Member State as provided by Article 27;(d) adoption of an expulsion measure under the conditions provided for in Article 13.2. Absences related to the exercise of the right of residence in a second Member State shall not entail withdrawal of long-term resident status.3. Member States may provide that prolonged absences exceeding two years or related to reasons not referred to in paragraph 1 shall not entail withdrawal of long-term resident status.4. The expiry of a long-term resident's EC residence permit shall in no case entail withdrawal of long-term resident status.5. Member States shall issue to the person concerned a residence permit other than a long-term resident's EC residence permit if:(a) long-term resident status is withdrawn pursuant to paragraph 1(a) or (b); or(b) an expulsion measure cannot be executed against a long-term resident.

Article 11Procedural guarantees1. Reasons shall be given for any decision rejecting an application for long-term resident status or withdrawing that status. It shall be notified in writing to the third-country national concerned. The notification shall specify the redress procedures available and the timewithin which he may act.2. A third-country national whose application for long-term resident status is rejected may subsequently lodge another application if changes in his personal circumstances so justify.

Article 12Equal treatment1. Long-term residents shall enjoy equal treatment with nationals as regards:(a) access to employment and self-employed activity, provided such activities do not entail even occasional involvement in the exercise of public authority, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;(b) education and vocationaltraining, including study grants;(c) recognition of diplomas, certificates and other qualifications issued by a competent authority ;(d) social protection, including social security and health-care;(e) social assistance;(f) social and tax benefits;(g) access to goods and services and the supply of goods and services made available to the public, including housing;(h) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations;(i) free access to the entire territory of the Member State concerned.2. Member States may extend the benefit of equal treatment to matters not referred to in paragraph 1.

Article 13Protection against expulsion1. Member States may take a decision to expel a long-term resident solely where his personal conduct constitutes an actual and sufficiently serious threat to public order or domestic security that affects a fundamental interest of society.2. Personal conduct shall not be considered a sufficiently serious threat if the Member State does not take severe enforcement measures against its own nationals who commit the same type of offence.3. Criminal convictions shall not in themselves automatically warrant an expulsion decision. Such a decision may not be founded on economic considerations.4. Before taking a decision to expel a long-term resident, Member States shall have regard to the following factors:(a) the duration of residence in their territory;(b) the age of the person concerned;(c) the consequences for the person concerned and family members;(d) links with the country of residence or the absence of links with the country of origin.5. Where an expulsion decision has been adopted, a judicial redress procedure shall be available to the long-term resident in the Member State concerned. Member States shall provide that such procedures may have suspensory effect.6. Legal aid shall be given to long-term residents lacking adequate resources, on the same terms as apply to nationals of the State where they reside.7. Emergency expulsion procedures shall be prohibited against long-term residents.

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